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Take a piece of paper. Write "I hereby reject the offer of (amount) dated (date) for the property located at (address)" sign your name. Give it to RE agent and tell him "Here's your rejection for your files."
I'm not a lawyer, but I will be staying at a Comfort Inn in a couple of weeks.
In NV the standard Residential Purchase Agreement has three blocks...accept, accept subject to counter and Reject. One would sign and mark reject. I am not aware however of any requirement that the seller has to sign. I would suggest they at least sign and mark reject but if they did not I would simply right across the page "Rejected by Seller ON XX/XX/xxxx".
I find no fault with the agent asking for some reimbursement on an early cancel. There are real though small costs involved. I would not in general - just cross it off to good client relationships.
I suspect our OP here is a middle man not getting the story fully straight. Could be a poor quality agent but could also be good old communication break down.
I am also curious...is there really a state with a 23 page purchase agreement? Ours is bad enough at 11 pages. Or is that actually a package with a set of disclosures added?
Thank you for your responses.
We will go on Monday to visit his office and talk to his broker.
If his broker says this is wrong (signing purchase agreement and using other name for it) then that's something serious.
There are also some other things I didn't have time to write here.
But can he really charge my sister for finding 3 low offers ?
She didn't get asking price , or anything close to that.
Last edited by DiMarcos_Denver; 12-19-2015 at 11:57 AM..
In NV the standard Residential Purchase Agreement has three blocks...accept, accept subject to counter and Reject. One would sign and mark reject. I am not aware however of any requirement that the seller has to sign. I would suggest they at least sign and mark reject but if they did not I would simply right across the page "Rejected by Seller ON XX/XX/xxxx".
I find no fault with the agent asking for some reimbursement on an early cancel. There are real though small costs involved. I would not in general - just cross it off to good client relationships.
I suspect our OP here is a middle man not getting the story fully straight. Could be a poor quality agent but could also be good old communication break down.
I am also curious...is there really a state with a 23 page purchase agreement? Ours is bad enough at 11 pages. Or is that actually a package with a set of disclosures added?
There is so much to explain here and I don't have time for that
When my sister found this agent (using web search, she is 67 y old ) she told him she will not go below 300k for her house. She said in case they don't get any offer for that price in 1 month she will pull off her house from market. And off course , nothing of that was in writing. Just basic RE contract between her and him.
But,
She got involved in a car accident after 10 days and her recovery will be 2 months.
Because of that, AND because she does not like this agent anymore she decided to pull off her house.
I have never sold any real estate in my life and I'm not expert.
I called on her behalf 2 RE attorneys and they charge 2-300$ hour.
I saw immediately something was not right when she told me agent is asking to sign rejection offer only for investor offer and not for other ones. Investor is his friend , he told her that even before offer was made ( he said on first day that he has some investors who will probably buy her house, but he didn't mention it will be for lower price).
And he is asking now to sign it when house is off the market (for 55 days!!)
Why he wants that? Why signing it is so important? I cant imagine he wants her to sign (hoping she does not know what is that) and then say "look, you signed it and now you MUST sell your house".
I just can not imagine that scenario. Or maybe there is something else we don't know
There is so much to explain here and I don't have time for that
When my sister found this agent (using web search, she is 67 y old ) she told him she will not go below 300k for her house. She said in case they don't get any offer for that price in 1 month she will pull off her house from market. And off course , nothing of that was in writing. Just basic RE contract between her and him.
But,
She got involved in a car accident after 10 days and her recovery will be 2 months.
Because of that, AND because she does not like this agent anymore she decided to pull off her house.
I have never sold any real estate in my life and I'm not expert.
I called on her behalf 2 RE attorneys and they charge 2-300$ hour.
I saw immediately something was not right when she told me agent is asking to sign rejection offer only for investor offer and not for other ones. Investor is his friend , he told her that even before offer was made ( he said on first day that he has some investors who will probably buy her house, but he didn't mention it will be for lower price).
And he is asking now to sign it when house is off the market (for 55 days!!)
Why he wants that? Why signing it is so important? I cant imagine he wants her to sign (hoping she does not know what is that) and then say "look, you signed it and now you MUST sell your house".
I just can not imagine that scenario. Or maybe there is something else we don't know
In general of course this has lots of lessons.
For instance sellers asking price is always rock solid until it isn't.
Signing a contract for more than 30 days when you will not go past 30 days makes little sense. At the very least you add a cancel on seller request.
If the Purchase Agreement has no reject clause she should not sign it of course. That just sounds a little unlikely given such contracts generally have a reject clause of some sort.
Let us know how it comes out. Be very interested in what the brokerage has to say.
For instance sellers asking price is always rock solid until it isn't.
Signing a contract for more than 30 days when you will not go past 30 days makes little sense. At the very least you add a cancel on seller request.
If the Purchase Agreement has no reject clause she should not sign it of course. That just sounds a little unlikely given such contracts generally have a reject clause of some sort.
Let us know how it comes out. Be very interested in what the brokerage has to say.
lvoc , I see you are from NV, can you tell me please on which page in NV purchase agreement form you can find reject clause ?
I Found NV purchase agreement form online and want to compare it to our form that agent sent her to sign.
I just want to see what words they are using in that form (reject or accept and where is that located)
lvoc , I see you are from NV, can you tell me please on which page in NV purchase agreement form you can find reject clause ?
I Found NV purchase agreement form online and want to compare it to our form that agent sent her to sign.
I just want to see what words they are using in that form (reject or accept and where is that located)
Here is the exact language from page 12 of the GLVAR RPA. Note there are Check boxes on line 20, 23and 25 that don't copy as they are active objects in this electronic form.
Quote:
20 ACCEPTANCE: Seller(s) acknowledges that he/she accepts and agrees to be bound by each provision of this Agreement, and
21 all signed addenda, disclosures, and attachments.
22
23 COUNTER OFFER: Seller accepts the terms of this Agreement subject to the attached Counter Offer #1.
24
25 REJECTION: In accordance with NAC 645.632, Seller hereby informs Buyer the offer presented herein is not accepted.
AM PM
26
Seller's Signature Seller's Printed Name Date Time
27
28
29
AM PM
30
Seller's Signature Seller's Printed Name Date Time
31
32
33
Notify the office broker, that your sister cancels the listing and wants no more contact with this office, and with any more contact and this agents bully tactics, that she will send a formal complaint to the States Office that Licenses Real Estate Agents, and to the State Association Of Realtors.
No office ever wants formal complaints to the licensing office, and to the State Association Of Realtors. It can lead to them losing their Realtor membership and their real estate licenses.
There is no need to hire a lawyer. The agent has not presented an acceptable contract so has not earned a commission for themselves and the office. The state agency and the state association are more problems for them than having a lawyer send a letter and they know it. For advice how to handle this, you can call the state association and ask them how to handle this problem.
Your sister has a very sleazy Realtor who is desperate for a sale and commission, and he/she should be driven out of the business as it gives all Realtors a bad name.
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